Herriott Services Ltd is a professional brickwork contractor covering Kent, South East London and Surrounding Areas

Driveway Surfacing and the 2008 Drainage Rules: A Practical Summary

28 March 2026 by Michael Swan 2 min read

The regulations on impermeable driveways are widely misunderstood. Here is exactly what is required and the practical options for compliance.

In October 2008, the government amended the GPDO to require planning permission for any new impermeable driveway surface over 5 square metres that does not include provision for water to drain within the property boundary. The aim was to reduce surface water runoff contributing to urban flooding.

What Counts as Impermeable?

Standard dense bitumen macadam (the default "tarmac") is impermeable. So is poured concrete, resin-bound aggregate over a sealed base, and grouted block paving. Permeable alternatives include porous asphalt, permeable block paving with open joints, gravel, and reinforced grass grid systems.

Compliance Without Planning Permission

You can avoid planning permission in three ways:

  1. Use a permeable surface: Porous macadam allows water to drain through the surface into the sub-base. It costs around 10 to 15% more than standard tarmac.
  2. Drain to a permeable area: If the drive falls towards a lawn, border, or soakaway within your property, standard tarmac is acceptable.
  3. Install a drainage channel: An ACO channel drain across the bottom of the drive, connected to a soakaway, intercepts runoff before it reaches the highway.

Enforcement

Enforcement is patchy. Many contractors lay impermeable drives without any drainage provision, and many local authorities do not actively pursue retrospective planning applications. However, if you sell the property and the buyer is solicitor raises it during conveyancing, you could face a retrospective planning application or, in the worst case, a requirement to reinstate.

We advise all our driveway clients on the drainage requirements before starting work. View our driveway services or see our tarmac sub-base guide.

Frequently Asked Questions

Minimum 1 million for domestic work. 2 million is standard. For commercial sites, 5 million or 10 million is often required by the main contractor or client.
Employer liability insurance is required by law for any business with employees. It covers workplace injuries sustained by employees. Sole traders without employees are not legally required to hold it but may choose to.
Ask to see the certificate of insurance before work starts. Check the policy number, insurer name, cover level, and renewal date. If the contractor cannot produce it promptly, treat that as a warning.
Possibly, but many home insurance policies exclude damage caused by contractors. If your builder is uninsured and damages your property, you may have no cover from either source.
Yes. We carry full public liability insurance on every project we undertake. We are happy to provide a copy of our certificate on request.
Categories: Homeowner Advice
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